Georgia Workers’ Compensation Act History

Georgia Workers’ Compensation Act History

The Georgia Workers’ Compensation Act provides benefits for employees who have had a work-related injury to cover medical bills and missing wages. While also protecting the employer, it sets the benefit amounts that each employee is permitted. Adopted in 1920, the Act has helped Georgia workers with their injuries under Georgia law code: Title 34, Chapter 9.

Why the Workers’ Welfare Became an Issue

In 1884, both Germany started the first workers’ compensation followed by England in 1897. It was these plans that sparked an international movement and how Georgia decided to create their own workers’ compensation plan. Organizations like the National Civic Federation was among the national movement in the United States while having been supported by President Theodore Roosevelt. Each state adopted their own workers’ compensation plan roughly during 1911 and 1920.

The southern states seemed to linger in creating a workers’ compensation plan through legislation on their own to protect its workers. In fact, the state of Georgia was the forty-second state to create a plan. Issues like the manufacturing of cotton were at the forefront that brought about a workers’ compensation plan in Georgia. Increased demands of textile workers, who sought protection, as well as the National Civic Federation, pressured the Georgia legislation. Additionally the Georgia Federation of Labor and H.M. Stanley, the first commissioner of commerce and labor in Georgia, worked tirelessly to seek a plan. At this point, Georgia employers had no choice but to support a Workers’ Compensation Act into legislation.

By the late 1800s and early 1900s, the U.S. had increased the industrialization of the workforce. As a result, the rise of on the job injuries had steadily increased. While employers typically relied on a common law approach, it failed to produce the needs of both the workers and the employers in regards to compensation.

First Legislation of Workers’ Compensation Failed to Meet Needs

For the workers, the early workers’ compensation laws were a dismal failure. Due to the legal difficulties, claims were rarely approved as proving to be too difficult. Legally proving accidents and injuries to be the negligence of the employer was extremely difficult for the workers. At this time, the laws did not cover work-related injuries that were as a result of physical job tasks that were often performed in deplorable conditions.

Massive legal obstacles and defenses were tough to prevail over during this time, making it extremely difficult to fight a powerful system. A defense commonly used was called the risk defense. It was in this situation; an employee was required to acknowledge the dangers of their occupations. If a construction worker may tumble from a tall building, then it was seen that it was simply part of the job and that all construction workers knew when they accepted the employment that it would be a plausible risk. Additionally another circumstance was that the businesses couldn’t make claims that were brought on by colleagues. This was known as the fellow servant rule. Finally, the contributory negligence defense did not take into consideration any recuperation time when the employee’s behavior could even somewhat add to the business’ disregard for safety.

During this time, employers also had failed occurrence with these early laws. Risks for employers involved prevention on claims from going before a jury due to the practice of common law. Those cases that did end up before juries were not only expensive but could financially ruin an employer due to large payments and settlements. Because all claims were ruled under common law, both the employer and their workers were on the losing end, and they knew that a new way to conduct the outcome of cases needed to be handled individually.

A New System Alters Case Decisions

A fixed set of benefits were developed so that workers’ compensation claims could become simplified. Under the new system, the fault was not necessary to prove. Alternatively, the only thing that had to be shown was that the accident or injury happened on the job. No longer could the previous defenses under common law be utilized. With the new methods, injured employees would start obtaining proper benefits and the employers would no longer have to risk going to trial and losing their business.

Today, when a Georgia employer has 3 or more workers, it is required of them to obtain workers’ compensation coverage for their employees. Each employer must buy workers’ compensation insurance to ensure coverage. Even though the railroad and maritime trades have their coverage plans, the Georgia’s workers’ compensation act requires them also to have the state required coverage. It is because of this legislation that workers who are injured on the job can now receive medical benefits and wage compensation when an injury is a result of their job. Additionally, should an employee die while working due to the tasks of their job, dependents can receive proper benefits.

Sometimes there are special situations but for the most part, most outcomes have a positive result under this law. If disputed, an attorney who is well-versed in workers’ compensation can aid an employee through the process. Lawyers can help to make sure the injured party obtains entitled benefits that are covered and protected by the Georgia Workers’ Compensation Act.